The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-12-06
State Sovereignty Affirmed.

SIdLS sovereignty n LIZ
The decision of the United States Supreme
| Court in the Virginia habeas corpus cases
yesterday, an abstract of which appears in
our dispatches this morning, reaffirms the
doctrine that a State cannot be sued except
by its consent. Efforts have been made a
number of times within the last few years
in the lower Federal courts to overthrow
this doctrine with the view Of making
| States pay obligations for which, it was al
! legged, they were responsible, but they have
never been successful beyond the courts in
which they originated
1t was thought by some good lawyers
that the action of Judge Bond, of the
United States Circuit Court, in the Nir-
ginia cases would be sustained by the Su-
preme Conrt on the ground that it could not
be clearly shown that the sovereignty of the
State was involved, but the Supreme Court
was not deferred by the roundabout char
acter Of the proceedings from graphing
with the real issue and deciding it,
. The facts of the cases were about as fol-
lows: Attached to the bonds of the State
of Virginia are coupons which, when the
bonds were issued, were made receivable
for taxes II was found, however, that all
the taxes were being paid in these coupons,
and that there was no money with which to
carry on the government. The legislature
therefore, Iassed a law instructing the At
torney General and the prosecuting attor-
neys of the different counties to sue tax
payers for their taxes, and collect the same
by legal process, notwithstanding the
fact that the taxpayerers had
offered to pay their taxes in
tax receivable coupons The bondholders,
who were anxious to dispose of their cou-
pons TO the taxpayers, secured from the
United States Circuit Court an order re-
straining the Attorney General and the
prosecuting attorneys from obeying
the law authorizing them to col
lect the taxes in cash, on the ground
that the law was unconstitutional The
Attorney General and two prosecuting at
torneys refused to obey the restraining
order, and were arrested and imprisoned
for contempt of court. They declined to
give bail, but at once applied to the United
States Supreme Court for writ of habeas
corpus. They were then admitted to bail
by that court. 1t was agreed by all the
parties to the suit that all the questions
which led to the application for writ of
habeas corpus should be presented to the
court, as a settlement of them was desired
The declaration of the Supreme Court
that State cannot be sued, except by its
consent, was so emphatic that it will
doubtless be long while before another at
tempt will be made to accomplish that
object, although other indirect methods of
doing so, even more ingenious than those
which have already been tried, may be
suggested.
If State doesn't want to pay its debts it
needn't do so. The only security its bond
holders have is its honor Virginia has never
repudiated her debt. She has simply said
that it was bigger burden than she could
carry, and that SIZE would pay when
she could. She has asked her
creditors to grant her some
relief, and while they have been disposed to
make concessions they have not yet shown
a sufficiently liberal spirit to make an agree
ment possible. Now, however, that all legal
means of collecting their bonds have been
exhausted it is probable that they will ac-
cept such terms as the State is willing to offer
them. The fact that West Virginia is
morally bound for part of Virginias debt
but shows no disposition to assume it, causes
the public to regard with considerable
leniency Virginia's failure to meet her obi
cations promptly.